Commercial Property Litigation & Commercial Property Disputes Solicitors
If you or your business is involved in a commercial property dispute, you will require legal advice from an expert team of commercial property dispute solicitors that is able to provide practical and specialist advice on all areas of property litigation.
If you are the landlord or tenant of a commercial property, there are times when issues can arise that will require specialist legal advice.
Whatever your circumstances, obtaining the best legal advice from the start is essential in resolving any disputes as quickly as possible. For friendly, professional advice, simply fill in our online enquiry form or call us on the number at the top of this page to speak to one of the team.
At Lupton Fawcett, all of our Property Dispute Solicitors are accredited members of the Property Litigation Association, with the ability to deliver practical, specialist advice to both landlords and tenants across all areas of property dispute resolution.
We have a formidable reputation across the industry for bringing and defending what can often be complex claims, and our years of experience and proven track record make us the firm of choice for many landlords and tenants. We offer a bespoke service, acting on behalf of businesses of all sizes, and pride ourselves on our close client relationships.
We can provide advice and assistance with:
- Adverse possession claims
- Agricultural disputes
- Assignment and subletting disputes
- Breaches of lease covenants
- Break rights and surrenders
- Commercial lease renewals (contested and uncontested)
- CRAR (Commercial Rent Arrears Recovery)
- Dilapidation and repair matters
- Enforcement of easements
- Flooding and Environmental Agency disputes
- Forfeiture and possession proceedings
- Infringement of property rights
- Injunctions and emergency court actions
- Landlord and tenant insolvency
- MEES (Minimum Energy Efficiency Standards)
- Mortgage possession claims
- Notices to terminate lease: landlord and tenant
- Outstanding rent arrears
- Party wall and boundary disputes
- Possession actions
- Professional negligence claims
- Rent review arbitration
- Restrictive covenant issues
- Service charges disputes
- Trespass claims
In commercial property terms, the leasehold covenants are the agreements made in the lease contract dictating what each party must or must not do.
A commercial property tenant will have entered into many covenants at the start of the lease covering matters such as insurance, repairs, alterations, rent, type of use, subletting, insolvency, planning, and the observation of licensing laws.
Disputes commonly arise when one of the parties to a lease fails to comply with one or more of the covenants.
If the landlord establishes that one or more of these covenants has been breached, they can seek to claim damages, terminate the lease or negotiate an alternative solution.
We are regularly asked to represent clients in disputes between co-owners of a commercial property. Disagreements can arise over the co-owner’s rights, share, entitlements and when one co-owner wishes to sell but the other does not.
When you buy a property with someone else it is very important to have a co-ownership agreement in place at the outset. This helps to protect each party’s interests and avoid disputes in the future.
Dilapidation and disrepair disputes
When leasing a commercial property to a tenant, landlords understandably wish to have the property returned to them at the end of the tenancy in a good condition.
The term “Dilapidations” generally refers to items of disrepair, damage, or other defects that are covered by covenants in the lease and must be rectified by the tenant.
As a commercial tenant it is essential that you understand your obligations with regards to dilapidations during the term and budget accordingly for repair works at the end of the term.
This is an area where landlords and tenants often encounter disagreements.
If the lease contains repairing obligations which have not been undertaken but the tenant, the landlord is entitled to recover the cost of the repairs, loss of rent during the time the work is carried out, and the costs of professional services in relation to the work.
The outcome of a dispute will depend on the wording of the lease, and there is likely to be scope for arguments about the extent, costs and liability for the work.
For further advice about dilapidation disputes contact our Commercial Property Disputes experts today.
Insolvency of commercial tenant disputes
If the tenant of a commercial property becomes insolvent, and is unable to pay their rent, it can have a significant impact on the landlord’s business. Most landlords are already owed rent by this stage, and there may be other liabilities in relation to service charges, and repairs.
How and why the business has gone into administration will have an impact on the options available to the landlord. This is a complex area of law and the correct course of action will depend on the unique circumstances of your case.
The way in which a landlord’s rights are restricted depends on exactly what’s happening to the tenant. For example, the landlord’s rights are different depending on whether the tenant goes into administration, enters into a Company Voluntary Agreement, or has applied for bankruptcy as an individual.
Lupton Fawcett can provide specialist legal advice tailored to your unique situation.
Insolvency of commercial landlord disputes
If the landlord of a commercial property goes into liquidation, it can have far reaching consequences on the tenant. At the very least it is likely to lead to an extended period of uncertainty.
In the early stages of the process the tenant will usually be able to continue the occupancy under the lease and will be advised to pay the rent and service charges as normal. However, there may come a time when the creditors decide to sell the property as a means to recover a portion of the debts.
In this case, the tenant has the right of first refusal. This gives the tenant the opportunity to buy the property before it can be sold to a third party.
If it’s not feasible or desirable for the tenant to purchase the property, the administrators may try to find a new owner. In this case, the lease remains valid and the tenant should not notice any significant changes. The new landlord can only hold the tenant to the terms set out in the lease. However, the tenant may experience a hardening of the attitude of the landlord and a tighter approach to enforcing the obligations of the lease, particularly in relation to rent reviews and dilapidations with a view to maximising income.
If you are a tenant in a commercial property, and you’ve been informed that your landlord is insolvent, it is best to seek legal advice as soon as possible on the best course of action for your circumstances.
Over the course of a tenancy in a commercial property, disputes between the landlord and the tenant concerning their rights and obligations under the lease will frequently arise.
Rent reviews, lease extensions, break-clauses, dilapidations, repairs and improvements are common causes of disagreements.
Our team of Property Litigation Lawyers are available to help you find the best course of action to resolve your lease dispute, negotiate the right settlement and complete any necessary legal procedures to conclude the matter and protect your interests.
Rent arrears recovery
Probably the most common cause of disputes between commercial landlords and tenants is unpaid rent and/or service charges. Our commercial property litigation solicitors work closely with our other departments including licensing, debt recovery, contracts and property to form a multi-disciplined approach to tackling your dispute.
It is important to get specialist advice as soon as rent arrears are accrued in order to ensure that the most appropriate strategy is employed and common pitfalls are avoided.
Trespassers & squatters
If you are considering legal action with regard to trespassers or squatters on commercial property, you should seek specialist legal advice before taking any action to ensure you do not compromise your own legal position.
We understand the need for swift, decisive action to minimise the financial impact on the property and the businesses operating out of the premises.
Our specialist property litigation lawyers will assist you in taking the necessary steps to regain the property in the shortest possible timescales, before too much harm has been caused.
Agricultural property disputes
For landlords and tenants of agricultural properties, our team can yet again provide an unrivalled level of expertise due to years of experience operating in this area. We recognise the unique challenges facing such businesses and work closely with clients to provide a tailored and bespoke service that meets individual requirements.
Types of commercial property dispute resolution
At Lupton Fawcett, we are experienced in all forms of dispute resolution and will take time to explore all the options for your particular situation. As trained specialists, we excel at negotiations and will consider alternative resolution methods such as mediation and arbitration wherever possible, to resolve issues swiftly and amicably, without the need for court proceedings.
Where litigation is found to be the best course of action, we will take a proactive and robust approach, preparing your case thoroughly, representing you in court and skillfully protecting the reputations of you and your business.
The commercial property litigation team
At Lupton Fawcett, we understand how frustrating it can be if you’re involved in a dispute over property, no matter who you are. That’s why we aim to resolve disputes as amicably as possible away from the courts to reduce stress, expense and the time it takes to achieve a favourable result.
Our property dispute solicitors are all well-trained in this area of law and will provide honest, useful advice. We will guide you through the entire process, ensuring you know what your options are and what is the best action to take at different points so you can resolve matters quickly and efficiently.
We are also experienced in providing advice on the best way to avoid property disputes. Our aim is to help you and your business achieve and surpass your goals, so you’re left with the feeling that you made the right choice by choosing Lupton Fawcett. After all, we’re not a law firm that’s just looking for a quick win, we want to help you nurture and grow your business.
Contact us for help
Lupton Fawcett are a leading personal and commercial law firm in Yorkshire with well-established offices of highly experienced solicitors in Leeds, Sheffield and York.
We provide a personalised service, with sector specialists and extensive resources to ensure we are giving you the best solutions to your problems.
Our Commercial Property Litigation Solicitors act regularly for clients across the United Kingdom including Bradford, Birmingham, Hull, Leeds, Liverpool, London, Manchester, Sheffield, York and Nottingham. We can support your needs wherever you live in England or Wales.
For a no obligation initial consultation please either call the office or leave your details using the contact form at the top of this page. We’ll be happy to help.